NO. 07-09-0328-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 18, 2009
______________________________
ROBERT RAWLINSON, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 242nd DISTRICT COURT OF HALE COUNTY;
NO. B16043-0505; HON. EDWARD LEE SELF, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant appeals from his motion to revoke community supervision. Neither the
clerk’s record nor the reporter’s record have been filed. An extension motion was filed by
the clerk on December 17, 2009, representing that appellant has not paid or made
arrangements to pay for the clerk’s record.
Accordingly, we abate this appeal and remand the cause to the 242nd District Court
of Hale County (trial court) for further proceedings. Upon remand, the trial court shall
immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to
determine the following:
1. whether appellant desires to prosecute the appeal;
2. whether appellant is indigent; and,
3. whether the appellant is entitled to a free appellate record due to his
indigency.
The trial court shall cause the hearing to be transcribed. So too shall it 1) execute
findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be
developed a supplemental clerk’s record containing its findings of fact and conclusions of
law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be
developed a reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing, if any. Additionally, the district court shall then file the
supplemental records and reporter’s records transcribing the hearing with the clerk of this
court on or before January , 2010. Should further time be needed by the trial court to
perform these tasks, then same must be requested before January , 2010.
It is so ordered.
Per Curiam
Do not publish.
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